Will I be offered a pre-trial diversion on my court date if I am eligible for it or am I required to hire an attorney to help me through the legal precedings?

Asked on February 16, 2013 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In Texas, you can waive your right to an attorney and proceed forward with plea negotiations on your own.  If you cannot afford an attorney, you can request a court appointed counsel.  Some jurisdictions have an officer or person designated to handle these requests. 

As far as what will you be offered... that will depend on the prosecutor handling your case.  Many defendants think they should receive a certain sentence, but the prosecutor feels different.  It is their right to make a certain recommendation and it is your right to accept or reject that recommendation.

It is usually a better idea to have an attorney, especially for felony offenses.  If you want to talk to the prosecutor on your own, then make sure that you just listen and take notes on what they are telling you.  Do not make any statements because you may be giving away information to the prosecutor.  Once you have a rec, go visit with a couple of criminal defense attorneys.  They can give you a better idea of whether or not the recommendation is right for your situation.

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